AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR vs ALI UMAR S — 2021 YLR 991 SUPREME-COURT-AZAD-KASHMIR

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AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR VS ALI UMAR S. 3---azad Jammu and Kashmir Grant of Khalsa Waste Land as 'Shamilat-Deh' act (I of 1966), Ss. 4 & 6---Suit for declaration and permanent injunction---Regularization of existing Nautors---Demarcation of forests for determination of Shamilat-deh areas---Khalsa Sarkar Maqbooza Mehkama Mal areas---Scope---Plaintiffs filed suit for declaration cum perpetual injunction against Forests Department contending therein that the suit land was entered in the revenue record as crown land; that it was colonized before old settlement by their forefathers in Dogra regime which was alienated in their names through Council order in the year 1944 and that it was transferred to plaintiffs after the death of their father which was continuously under their ownership and possession---High Court found that the land in question was crown land, hence, plaintiffs could not be allowed to remain in possession thereof for indefinite period without obtaining Proprietary Rights Transfer Order; that the plaintiffs were at liberty to move to the concerned Collector for obtaining Proprietary Rights Transfer Order and that the Government/Collector could take necessary steps against the plaintiffs and not the Forests Department---Validity---Observation of the High Court to the extent that the Forests Department shall not take any step appeared to be improper and against law---Not only the Government but the Forests Department was also vested with powers relating to the Khalsa land, which was under the possession of Forests Department or was under the forests---Forests Department was also vested with the powers of demarcation under S. 4 of the azad Jammu and Kashmir Grant of Khalsa Waste Land as 'Shamilat-Deh' act, 1966---Imposition of prohibition from exercising the powers upon the Forests Department, being inconsistent with law and uncalled for, was set aside---appeal was disposed of accordingly.

AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR vs ALI UMAR S — 2021 YLR 991 SUPREME-COURT-AZAD-KASHMIR

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